SEARS, ROEBUCK AND CO. v. HUPERT

No. 30906.

352 S.W.2d 382 (1961)

SEARS, ROEBUCK AND CO., a Corporation, (Plaintiff) Appellant, v. Henry K. HUPERT and Leola Moors, (Defendants) Respondents.

St. Louis Court of Appeals, Missouri.

December 19, 1961.


Attorney(s) appearing for the Case

Arthur Kreisman, William B. Anderson, Anderson, Gilbert, Wolfort, Allen & Bierman, St. Louis, for appellant.

Charles M. Tureen, Blumenfeld, Kalishman & Tureen, St. Louis, for respondents.


WOLFE, Judge.

This is an action in replevin originating in the Magistrate Court of the City of St. Louis. The Magistrate sustained a motion by defendant Leola Moors to dismiss the action, and the plaintiff appealed to the Circuit Court. A like motion was sustained in the Circuit Court, and from the judgment dismissing the case without prejudice the plaintiff prosecutes this appeal.

The action was instituted by filing a "Statement and Affidavit in Replevin...

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